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LONG TITLE
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General Description:
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This concurrent resolution of the Legislature and the Governor expresses strong
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disapproval of portions of the National Defense Authorization Act for Fiscal Year
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2012.
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Highlighted Provisions:
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This resolution:
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. expresses disapproval of Sections 1021 and 1022 of the National Defense
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Authorization Act for Fiscal Year 2012, which authorizes:
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. military detention without trial for suspected terrorists; and
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. trial by military commission or transfer to a foreign country of persons detained;
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and
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. urges Congress to repeal or clarify Sections 1021 and 1022 of the National Defense
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Authorization Act for Fiscal Year 2012.
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Special Clauses:
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None
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Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:

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WHEREAS, the Congress of the United States passed the National Defense
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Authorization Act for Fiscal Year 2012 ("2012 NDAA") on December 15, 2011;
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WHEREAS, the President of the United States of America signed the 2012 NDAA into
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law on December 31, 2011;
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WHEREAS, Section 1021 of the 2012 NDAA affirms the authority of the Armed
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Forces of the United States to detain covered persons pending disposition under the law of war
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and defines covered persons to include persons associated with the attacks on September 11,
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2001 or members and supporters of al-Qaeda, the Taliban, or other associated forces that are
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engaged in hostilities against the United States;
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WHEREAS, Section 1021 of the 2012 NDAA states that disposition under the law of
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war includes detention without trial until the end of hostilities, trial by military commission,
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and transfer to the custody of the person's country of origin or any other foreign country or
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entity;
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WHEREAS, Section 1022 of the 2012 NDAA requires that members of al-Qaeda
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captured in the course of hostilities be detained in military custody pending disposition under
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the laws of war, except that it is not a requirement to detain a citizen of the United States or
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lawful resident alien of the United States on the basis of conduct taking place within the United
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States;
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WHEREAS, there is uncertainty whether Sections 1021 and 1022 could be used to
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authorize indefinite military detention of United States citizens, legal permanent residents, and
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others without charge or trial within the United States;
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WHEREAS, Section 1021 could be used to allow the President to determine whether or
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not a trial, and what type of trial, will be held for those arrested under the authority of the 2012
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NDAA;
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WHEREAS, the indefinite military detention of any person in the United States without
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charge or trial violates the right to be free from deprivation of life, liberty, or property without
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due process of law guaranteed by the United States Constitution, Amendment V and Utah
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Constitution, Article I, Section 14;
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WHEREAS, the indefinite military detention of any person within the United States
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without trial violates the right to a speedy trial by an impartial jury guaranteed by the United
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States Constitution, Amendment V and Utah Constitution, Article I, Section 12; and

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WHEREAS, it is indisputable that the threat of terrorism is real and that the full force
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of appropriate and constitutional law must be used to defeat this threat; however, winning the
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war against terror cannot come at the great expense of mitigating basic, fundamental,
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constitutional rights:
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NOW, THEREFORE, BE IT RESOLVED that the Legislature of the State of Utah, the
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Governor concurring therein, expresses strong disapproval of an interpretation and application
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of Section 1021 or 1022 of the 2012 NDAA that violates a right guaranteed by the United
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States Constitution and the Utah Constitution.
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BE IT FURTHER RESOLVED that the Legislature of the State of Utah, the Governor
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concurring therein, urges the United States Congress to repeal or clarify Sections 1021 and
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1022 of the 2012 NDAA to protect the rights guaranteed by the United States Constitution and
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the Utah Constitution.
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BE IT FURTHER RESOLVED that a copy of this resolution should be sent to the
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Majority Leader of the United States Senate, the Speaker of the United States House of
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Representatives, and to the members of Utah's congressional delegation.